A motorcycle driver was killed early Saturday in a three-vehicle collision on the San Diego Interstate 5 Freeway near Del Mar. The crash was reported at 5:07 a.m. on the northbound San Diego Freeway at Via De La Valle South, according to the California Highway Patrol. A white sedan, motorcycle and a red pickup truck were involved in the crash, the CHP said. A driver was arrested for suspicion of DUI following the crash.

Accidents in the State of California claimed over 3,500 lives in 2018, and are often caused by blatantly negligent acts, such as driving under the influence, which may result in pending criminal action, often undertaken before the civil action. California is a “fault” state with regard to accidents, meaning that a victim can bring a claim against the responsible party before filing a claim against their own no-fault insurance, and there is a two year time period to file a suit after an accident.

Wrongful death.

A wrongful death legal action can be brought by loved ones during the two year statute of limitations after a person dies because of the negligent, reckless, or deliberate act of another.  Damages in these lawsuits can include:

  • Medical bills and burial expenses
  • Compensation for lost wages
  • Compensation for the pain and suffering
  • Punitive damages that are intended to punish the person who caused the death.

Compensation.

Car, truck, and motorcycle accidents are common in San Diego and can lead to exorbitant medical bills, lost wages due to missed time from work, and other serious present and future expenses incurred for families after a loved one dies.  Insurance should cover damages for compensation to replace, or repair property, costs incurred from medical professionals treating injuries, lost wages, and negative changes in lifestyle.  Many families file wrongful death claims along with survival actions to reimburse the estate for losses the deceased loved one suffered, while a wrongful death lawsuit compensates survivors for their losses. A survival action could compensate an estate for lost wages, medical bills and personal property damages the victim incurred.

Hire an attorney.

Seek legal counsel immediately after a car crash takes the life of a loved one to make certain that the insurance company makes timely payments to cover any costs related to funeral and burial expenses, losses sustained to property,  medical bills, lost wages, or continued expenses incurred by the estate of the person who died.  Hire an experienced personal injury attorney, who is familiar with California laws by contacting the Law Offices of Jeffrey E. Estes & Associates, who can assist with a wrongful death and survival action when necessary.

 

Jeffrey E. Estes & Associates, a Professional Law Corporation

501 West Broadway, Suite 1650

San Diego, CA 92101

Phone: 619-233-8021

Fax: 619-233-3730

 

Sources:

https://www.sandiegouniontribune.com/news/public-safety/story/2020-07-04/motorcyclist-killed-i5-del-mar

https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=23152

https://www.insurance.ca.gov/01-consumers/105-type/95-guides/01-auto/index.cfm